SECTIONS 24011-24016 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 24011-24016

24011. Immediately upon the denial of any application for a
license, the department shall notify the applicant in writing. Within
10 days after the department mails the notice, the applicant may
present his written petition for a license to the department.

24012. Upon receipt by the department of a petition for a license
in proper form, the petition shall be set for hearing.

24013. (a) Protests may be filed at any office of the department
within 30 days from the first date of posting the notice of intention
to engage in the sale of alcoholic beverages at the premises, within
30 days of the mailing of the notification pursuant to Section
23985.5, or within 30 days of the mailing of the notices of the
department to public officials as required by Section 23987,
whichever is later. The time within which a local law enforcement
agency may file a protest shall be extended by the period prescribed
in Section 23987, pursuant to a request made under that section.
(b) The department may reject protests, except protests made by a
public agency or public official or protests made by the governing
body of a city or county, if it determines the protests are false,
vexatious, frivolous, or without reasonable or probable cause at any
time before hearing thereon, notwithstanding Section 24016 or 24300.
If, after investigation, the department recommends that a license be
issued notwithstanding a protest by a public agency, a public
official, or the governing body of a city or county, the department
shall notify the agency, official, or governing body in writing of
its determination and the reasons therefor, in conjunction with the
notice of hearing provided to the protestant pursuant to Section
11509 of the Government Code. If the department rejects a protest as
provided in this section and issues a license, a protestant whose
protest has been rejected may, within 10 days after the issuance of
the license, file an accusation with the department alleging the
grounds of protest as a cause for revocation of the license and the
department shall hold a hearing as provided in Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.
(c) Nothing in this section shall be construed as prohibiting or
restricting any right that the individual making the protest might
have to a judicial proceeding.

24013.1. If an application for a license is voluntarily withdrawn
as a result of any protest being filed opposing the issuance of such
license, such applicant may not refile an application for the same
location for a period of one year from the date of such withdrawal.

24013.2. If an application for issuance of a license at a premises
is withdrawn pursuant to Section 24013.1, all verified protests filed
against the issuance of the license at the premises in such
application shall remain valid against any subsequent applications
filed for that premises for a period of one year from the date of
withdrawal.

24013.5. (a) No license shall be issued for any premises for which
a license has been denied or revoked, for reasons pertaining to the
premises, unless one year has elapsed from the date the order becomes
final.
(b) No license shall be issued for any premises for which a
license has been denied, for reasons pertaining to the premises,
twice within a 36-month period, unless two years have elapsed from
the date that the last order becomes final.

24014. A protest made by any person other than an employee of the
department or a public officer shall be verified. Verification may be
on information and belief.

24015. (a) If, after investigation, the department recommends that
a license be issued, with or without conditions, notwithstanding that
one or more protests have been accepted by the department, the
department shall notify the applicant and all protesting parties
whose protests have been accepted in writing of its determination.
(b) Any person who has filed a verified protest in a timely
fashion pursuant to subdivision (a) of Section 24013, that has been
accepted pursuant to this article may request that the department
conduct a hearing on the issue or issues raised in the protest. The
request shall be in writing and shall be filed with the department
within 15 business days of the date the department notifies the
protesting party of its determination as required under subdivision
(a).
(c) At any time prior to the issuance of the license, the
department may, in its discretion, accept a late request for a
hearing upon a showing of good cause. Any determination of the
department pursuant to this subdivision shall not be an issue at the
hearing nor grounds for appeal or review.
(d) If a request for a hearing is filed with the department
pursuant to subdivision (b), the department shall schedule a hearing
on the protest. The issues to be determined at the hearing shall be
limited to those issues raised in the protest or protests of the
person or persons requesting the hearing.
(e) Notwithstanding that a hearing is held pursuant to subdivision
(d), the protest or protests of any person or persons who did not
request a hearing as authorized in this section shall be deemed
withdrawn.
(f) If no request for a hearing is filed with the department
pursuant to this section, any protest or protests shall be deemed
withdrawn and the department may issue the license without any
further proceeding.
(g) If the person filing the request for a hearing fails to appear
at the hearing, the protest shall be deemed withdrawn.

24016. The proceedings under this article shall be conducted in
accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the
Government Code, and the department has all the powers granted
therein.